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(영문) 광주지방법원순천지원 2020.11.25 2020가단73584
근저당권말소
Text

All of the plaintiffs' claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic facts (Evidence A 1) Plaintiff A Co., Ltd. completed the registration of ownership transfer on the instant land on November 2, 2015.

As to the instant land on December 16, 2015, the Defendant completed the registration of creation of mortgage (hereinafter “registration of creation of this case”) against the obligor E and the mortgagee as the Defendant.

Plaintiff

A on July 10, 2019, on July 10, 2019, completed the registration of ownership transfer for 1/2 shares of the instant land to Plaintiff B.

2. The plaintiffs asserted that the establishment registration of this case in this case must be cancelled as the ground for invalidation, since they did not have concluded a mortgage contract on the land of this case with the defendant in order to guarantee the defendant's obligation to the defendant, Eul did not use the corporate seal of the plaintiff Eul without permission.

Since it is presumed that the registration of establishment of a right to collateral security is lawful and is in a public announcement of the true state of right, there is a responsibility to prove the opposing fact to reverse the presumption of right to the other party who asserts that the registration was unlawful.

(See Supreme Court Decision 2012Da22686 Decided June 28, 2012). The evidence of evidence No. 3 alone is insufficient to acknowledge the fact that E, using the Plaintiff’s corporate seal as the Plaintiff’s corporate seal without permission, entered into a mortgage agreement with the Defendant on the instant land and completed the registration of the creation of the instant land, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiffs' assertion is not accepted.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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